Ankle decisions — 2023

The Veteran's claim for service connection for a right shoulder condition was granted in February 2023, resulting in the dismissal of this issue. The Board has also remanded the issue of service connection for a right ankle condition due to duty-to-assist errors.

The Veteran withdrew her appeal for the issue of entitlement to service connection for right ankle scars, and this appeal is dismissed.

The Veteran's low back disorder, including anterior spondylolisthesis with foraminal encroachment, L5-S1, is granted as service connected. The left ankle condition is remanded for further evaluation.

The Veteran's bilateral hearing loss and diabetes mellitus type 2 evaluations have been dismissed due to the appellant's withdrawal of these issues.,Higher ratings for peripheral neuropathy of the left lower extremity (sciatic nerve), right lower extremity (sciatic nerve), left lower extremity (femoral nerve) associated with herbicide exposure, and right lower extremity (femoral nerve) associated with herbicide exposure have been granted. The Veteran's status post left ankle fracture evaluation has been denied.,The Veteran does not meet the criteria for a TDIU as his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board denied a rating in excess of 10 percent for the Veteran's right ankle disability, finding that the evidence did not show marked limitation of motion. The current 10 percent rating is appropriate given the Veteran's range of motion.

The Board has denied the Veteran's claims for service connection for left ankle sprain residuals, severe right ankle sprain residuals with possible stress fracture, a left knee disability, and a right knee disability. The Board found no current disabilities in these areas.

The Veteran's left and right knee degenerative arthritis, as well as his left ankle strain, are all granted with specific ratings. The Veteran is awarded a separate 10 percent rating for instability in the right knee, and a 20 percent rating for left ankle strain.

The Veteran's left ankle sprain disability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's painful scars are currently rated at 10 percent from December 27, 2018, and the Board finds that a higher rating is not warranted.

The Veteran's bilateral shoulder condition is granted as service-connected.,The Veteran's left ankle condition is granted as service-connected.

The Veteran's gastrointestinal issues due to an undiagnosed Gulf War illness are granted service connection.,An initial compensable rating of 10 percent is granted for the left fifth finger disability (limitation of motion).,A separate 10 percent rating is granted for the service-connected residual scar on the left fifth finger.,The claim for a left ankle disability is remanded.

The Board has granted the petitions to reopen the appeals for service connection for lumbar spine disability, right ankle disability, right knee disability, and left knee disability. The appeal for service connection for dizziness is remanded.

The Board has remanded the Veteran's claims of service connection for left ankle and neck disabilities due to a lack of substantial compliance with prior remand directives. The VA examiner provided negative opinions regarding the etiology of these conditions, but did not consider the Veteran's reports of pain since service.

The Veteran's claims of earlier effective dates for service connection and increased ratings have been denied. The Board found no evidence supporting an earlier effective date, and the current assigned ratings are considered appropriate based on the medical findings.

The Board has determined that the Veteran does not have a current diagnosis of pharyngitis and therefore denied service connection for this condition. The remaining issues are remanded due to lack of recent VA examination or opinion.

The Veteran's service-connected disabilities, including degenerative disc disease of the cervical spine and bilateral hearing loss, are rated at least 70 percent combined. The Board has granted a schedular TDIU rating from August 20, 2013, but the issue of an extraschedular TDIU rating is being remanded due to outstanding SSA records. The Veteran's service-connected disabilities preclude him from maintaining substantially gainful employment consistent with his education and work experience.

The Board has determined that additional VA examinations are needed to assess the current severity and manifestations of the Veteran's service-connected right ankle, left shoulder, and left radial nerve injury disabilities. The issues on appeal have been remanded for further development.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no current disability of bilateral hearing loss for VA purposes.,The Veteran's claim for service connection for a left shoulder condition is denied as he does not have a current disability of the left shoulder and has not had one at any time during the pendency of the claim or recent to the filing of the claim.

The Veteran's right ankle disability is currently rated at 10 percent, but the Board found that it does not meet or approximate the criteria for a higher rating due to moderate limitation of motion.

The Veteran has withdrawn his appeals for the claims related to radiculopathy of the upper extremities, ankle sprains, and cervical pain with degenerative arthritis. The Board dismissed these appeals as a result.

The Veteran's claims for increased ratings of his left ankle and right foot disabilities have been remanded due to insufficient evidence. The Board found that the current evaluations do not reflect more than moderate symptoms in both ankles.